HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No. HB 2016

Comments/AG/constitutionality/ballot measures        Public Hrg:  3/4/97 

Brief Title

Reps Ogden/Scott/Costa                               Staff Contact: Mike Spiro

Sponsor                                     Comm. on Govt. Admin.

                                           Phone: 786-5793

BACKGROUND:

The attorney general must formulate a summary of any proposed state initiative or referendum ballot measure, consisting of a true and impartial statement of the purpose of the ballot measure.  Neither the statement nor the summary may intentionally present an argument, nor be likely to create prejudice, either for or against the ballot measure.  If any person is dissatisfied with the statement or summary, that person may appeal to the superior court of Thurston County setting forth his or her objections and requesting that the court amend the statement or summary.  The decision of the superior court is final. 

SUMMARY:

The attorney general may add to the summary of any proposed state initiative or referendum ballot measure a comment on the constitutionality and enforceability of the ballot measure, if the attorney general is firmly convinced that, as a matter of settled law, the ballot measure is to a substantial degree contrary to the state constitution or inconsistent with the U.S. Constitution and laws of the United States. 

If the attorney general adds such a comment, the attorney general also must publish a written opinion setting forth the reasons for the comment.  If the comment is subject to judicial review, the reviewing court may strike the comment if it finds that the comment is not justified.  However, a decision by the attorney general not to comment on the constitutionality or enforceability of a proposed state initiative or referendum ballot measure is not subject to judicial review.

FISCAL NOTE:   Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.